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Warning: Ask any of these questions during an interview and you'll find yourself defending a CCMA case!

by , 26 July 2013
Once you've created a short list of candidates by assessing their applications against the job requirements and choosing those candidates that fit the brief the best, you're ready to start interviewing. But do you know there are questions you're not allowed to ask because they constitute as unfair discrimination? Read on to discover what these three questions are so you can avoid landing at the CCMA.

There are certain questions that, when asked during interviews, could unfairly discriminate against a potential employee.

As a result, your potential employee could take you to the CCMA for unfair discrimination and you could end up paying thousands in compensation.

That's not a risk worth taking.

NEVER ask these three questions during an interview

Question #1: What's your sexual orientation?

'The answer won't have any relevance to your decision to employ the person as it doesn't impact on any inherent requirement,' says the Practical Guide to Human Resources Management.

Ask this question and you'll be guilty of sexual discrimination.

Question #2: What's your HIV status?

You're not allowed to discriminate against a candidate because of their HIV status. Don't ask this question unless you have a Supreme Court Order that allows you to do so.

An example of when you may need to ask this question is if you're employing a person to play a contact sport, where chances are he'll be exposed to blood.

Question #3: Are you pregnant or planning to fall pregnant within the next few months?

You can't ask this question unless it's an inherent requirement that she can't be pregnant while doing the work. For example, where being pregnant while doing her job would place her or her unborn child at risk.

Never assume this is a question is fair just because you're obliged to give her maternity leave.

Don't let your curiosity land you at the CCMA. Make sure you steer clear of asking these questions when conducting interviews.

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